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UNITED STATES v. FAY

216 F.Supp. 160 (1963)

The People of the UNITED STATES of America ex rel. John ROMANO, Petitioner, v. Edward M. FAY, Warden of Green Haven Prison, Stormville, N. Y., Respondent.

United States District Court S. D. New York.

April 17, 1963.

Attorney(s) appearing for the Case

Sabbatino & Todarelli, New York City, for petitioner, Thomas J. Todarelli, and William H. Frappollo, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen., of New York, for respondent, Barry Paul Mahoney, Deputy Asst. Atty. Gen., of New York, of counsel.

TYLER, District Judge.

Relator, John Romano, here seeking a writ of habeas corpus, is presently serving a sentence of life imprisonment imposed by the County Court of Kings County, New York (Leibowitz, J.) following conviction, on July 10, 1946, in that Court of the crime of murder in the first degree. The state's case, in brief, was that Romano and three others, in the early morning of November 21, 1945, committed an armed robbery in a bar and grill in Brooklyn and...

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